Legal Opinion
Maola Ice Cream Co. v. Maola Milk & Ice Cream Co.
Supreme Court of North Carolina
Decided October 14, 1953No. 19PublishedCited by 36 opinions
1Opinion of the CourtParker, J.
The plaintiff bases its action upon unfair competition. These facts are clearly stated in the complaint and amended' complaint. 1. In 1935 F. E. Mayo & Co., Inc., owned an ice cream plant in Washington and another ice cream plant in New Bern: from both plants the company manufactured, distributed and sold ice cream under the trade-name or trademark “Maola.” 2. During the time the company owned both plants there existed between the two plants a well defined division of territory. The territory served by the Washington plant consisting generally of that part of Eastern North Carolina north of…
2Cases cited23 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Kadis v. . BrittSupreme Court of North Carolina · 1944
- Lilly Co. v. . SaundersSupreme Court of North Carolina · 1939
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
18 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Bicycle Transit Authority, Inc. v. BellSupreme Court of North Carolina · 1985
- James C. Greene Company v. KelleySupreme Court of North Carolina · 1964
- State Ex Rel. East Lenoir Sanitary District v. City of LenoirSupreme Court of North Carolina · 1958
- HENLEY PAPER COMPANY v. McAllisterSupreme Court of North Carolina · 1960
- Turner Ex Rel. Turner v. Gastonia City Board of EducationSupreme Court of North Carolina · 1959
31 more not listed; retrieve them via the Exa API.